Of families, fickleness and forgeries: the problem of proof when forgery is alleged in probate proceedings

The evidentiary threshold of proving a will is a necessary consequence of the place of wills as an exercise of testamentary freedom in the common law. This is challenged most when it is suspected, or alleged, that a document being propounded as the last will of the deceased contains forged signatures. This article explores the problems that such an allegation creates and the role of the forensic document examiner in the relevant evidence being assessed by the court in deciding whether or not to grant probate or letters of administration cum testamento annexo of the propounded paper.